Can a bank take money out of my checking account for a debt that they already charged off and sold to a collection agency?

Wamu was bought by Chase, so now they have my checking account
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They (Chase) do not have a judgement against me, and the debt is now controlled by a different agency than when they first handed it off. Does this mean that they don't own it anymore and can't just take my money because they bought wamu?

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Answers (1)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Does the credit card company have a judgment against you? If not, the creditor shoudn't be able to levy your bank account. If they do, then yes, they can levy your bank account.

A creditor can take back a debt from a collection agency if the creditor assigned it on a contingency basis, and didn't sell it. A creditor can also pursue a judgment even if they considered it a charge off. A charge off is just an accounting practice, it's not a relinquishment of the right to sue you (if they haven't) or to collect the judgment from you (if they have).

The creditor or its successor can sue and win a judgment against you for the full amount of the debt as long as the statute of limitations hasn't run out on the contractual agreement for the debt. If the statue of limitations has run out but you're still being sued, you have a defense to win the case. But you'll have to present the statute of limitations defense to the court to win.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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